Lewis v. Commonwealth

ANNUNZIATA, Judge.

Following a jury trial, appellant, Kenneth Bernard Lewis, was convicted of second degree murder and the use of a firearm in the commission of a felony. On appeal, he contends that the trial court erred in refusing to consider a Batson motion he made after the jury was sworn and the remaining venirepersons were excused. Finding no error, we affirm.

Following voir dire, a panel of twenty prospective jurors stood ready to try appellant. Peremptory challenges were made, a jury of twelve was sworn, and the remaining venirepersons were excused. Appellant then, for the first time,…